How SPPF Abused The Constitution

By Alexia Amesbury

In 1992, the people of Seychelles made history for the first time by rejecting, through a referendum the Constitution that SPPF wanted us to have. In a second referendum in 1993, the people of Seychelles spoke again, when over 73% of the nation voted to adopt the current Constitution as our Supreme Law.

In the Constitution that we, the people of Seychelles voted on by 73% through a referendum, article 55 (1) says “Where the office of the President becomes vacant by reason of death, or resignation of the President or by reason of the President ceasing to hold office under article 53 or article 54 or article 110(3), the Minister designated to discharge the functions of the office of President under article 75 shall discharge those functions until a person is elected under article 51 to the office of President”

The above provision is what the citizens of Seychelles voted for. In 1996 the Ruling Party, abused its majority in the National Assembly and amended the Article 55(1) to suit its political interests and today this is what article 55(1) says : “Where the President dies, resigns or is removed from office, the Vice-President shall assume the office of President for the unexpired term of the President with effect from the death, resignation or removal from office of the President.”

What was the raison d’etre for the 1996 amendment when Article 79 (2) of the Constitution provides that “Where a person ceases to be a directly elected member of the National Assembly under Article 81, a by-election shall be held within 30 days of the person ceasing to be member of the National Assembly”. Why can an outgoing Member of the National Assembly not simply nominate his successor like Article 55 (1) permits the out going President to do in regards to a President?

In December 2015 James Michel and Danny Faure “the team” fought for re-election on one ticket. People voted for “the team”. What do we now have? An un elected President and un elected Vice President. Article 113 of the Constitution gives me the right to vote “In an election for the office of the President; at an election of a member of the National Assembly; or in a referendum held under this Constitution.”

If I have a right to vote for a new representative when my MNA resigns why should I lose my right to vote for a new President when the elected President ceases to be President for whatever reason?

In 2009 A High Level Panel Chaired by Mr. Chang-Sam proposed several amendments to the Constitution, one of which is, that the President should be a natural born Seychellois. These amendments were not debated on, nor adopted because they were not in the interest of the Ruling Party, particularly Mr. Faure whom it is alleged is born in Uganda and who must have had presidential ambitions as early as 2009.